Womack v. Womack
Texas Supreme Court
Appeal from Harrison. This was an action in the ordinary form for the recovery of a negro slave alleged to have been the property of the deceased intestate.
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Appeal from Harrison. This was an action in the ordinary form for the recovery of a negro slave alleged to have been the property of the deceased intestate. The defendant, after demurring and pleading a general denial, pleaded further to the following effect, viz, that the said Ann Womack was, in her lifetime, about .December,' 1S-14, «¡siding in the State of Mississippi with lier then lawful husband, Jacob P. Womack; and that, in conjunction with her said husband, she thou and there received into their possession, as her separate property, about twenty-live negro slaves for life, by way of…
1Opinion of the Court
IIempiiiuTj, Cii. J.
This cause has been argued with great ability, and it. is to be regretted that at this late day of the session the subject so luminously discussed can receive comparatively but a slight examination. The only doubt, if doubt can exist at all, is whether judgment should not have been against the-plaintiff, and that the property be vested in the defendant. That a married woman holds her property by as high, as full, and as perfect a title as does her husband his separate property, is a proposition not to be questioned; and if the law has placed restrictions upon her power of…
2Cited by15 opinions
- Johnson v. TaylorTexas Supreme Court · 1883
- Fitzgerald v. TurnerTexas Supreme Court · 1875
- Holland v. VotawCourt of Appeals of Texas · 1910
- Williams v. EllingsworthCourt of Appeals of Texas · 1889
- Selover v. American Russian Commercial Co.California Supreme Court · 1857
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